Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-29
APPLICATION FoR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the
scription Of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
S~econd-The notice was not published in 8
new spsper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fousth-,A previous application had been
made Tor the same premises, which was with
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties W separate and dis
tinct portions Of Q claim, application for
patent msy be made by either for tnst portion
Of the claim owned by him: but where several
parties own undivided interests in /. mining
claim all should Join In an application for 5
patent.
A person or association may purchase Is
many placer locations rs the local law admits,
and embrace them all In one application for y
patent.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing to act as q deputy for the Register and Re-
ceiver cannot be recorded 90 evidences.
In all patents for mining claims situated
within the interior boundaries of a town ST te
- -I--aA d a.
all town property, rights upon the surface,
and all houses, buildings. structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period Of co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elGpse between the
fret and last insertions.
Where the Register designates the q ally issue
Of Q newspaper for publication Of notices of .
mining application for patent 1t is Lot q eom-
pliance With Law 10 change to the weekly edi.
tion Of the same paper without authority Of
the Register.
The existence OF o salt spring on 3 tract Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the agriculture
49, - AS 4AA AA&A8
containing valuable deposits Of slate may be
entered under the mining Acts.
ADvKRsE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
IL is alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim, once fled
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been Aied II can.
not be amended so rs TO embrace . larger per.
ton Of the premises than that described in the
original adverse claim.
An adverse claim must be made ont in
proper form and flied In the proper local Off ce
during the period Of publication OF the appli-
cation for the patent TO be effective.
II 10 the duty of the adverse claimant o
suit IN proper form within the re-
CURED time. and IL he trusts The uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure 10 commence suit be the result of
the cor'upto or dishonest act On Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions of law. without stating the
facts specially, will not be considered ia evil
dence.
An adverse claimant should show 9 compli.
ance with the local laws III recording his claim
and in regard to expenditures. aud shall nile o
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suis that they
compose the company 10 sufficient, and they
sc not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL or MINERAL LANDS.
Where land is Of little. II any value. for aRrt.
cultural purposes, but IL essential to the
proper development Of mining claims. IL
should be disposed of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an Agricultural
entry. said entry will be csnceled a. any time
prior TO issuance Of patent, upon satisfactory
evidence OF the existence Of such valuable dc.
posits.
Where valuable deposits Of mineral are d,s.
covered upon q tract sfter the Same ias been
entered a. agricultural. but before I Itent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled h
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued TO en- agricultural claimant. they pass
with the patent. ~
Agricultural College scrip cannot be
cetyed In payment for claims.
ALIENS.
A foreigner may make o mining location
dispose OF 1t. provided he becomes a oitizen
oeIore disposing OF the mine. Proof that the
party was not Q citizen before disposlng Of his
claim must be sfarmatively shown.
Locators and intermediate owners. othsr
than applicants, will not be presumed aliens
IN the absence OF allegation or objection prior
to issuance Of patent. ~
The portion Of q mining claim sold to an
alien cannot be patented while suoh owner is
an alien; but on his declaration, o become 4
citizen his right dates back to his purchase,
patent for his claim.
CROSS LEDoRs,
revised Statutes. Section 2.3ae:
Wnere W or more lodges c 4As or intersect
eacn otner, priority Of title shall govern. and
sucn prior location shall be entitled 10 ali ore
or mineral Confined within the space Of inter.
section, put the subsequent location shall have |
the right OF way through the space Of inter
section for the purpose Of the convenient
working OF the mine. n where two or more
WANNA nnIkA AhA